EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Alicja Kieltyka, RP795/2012
Mk Human Resources Limited T/A Temple Recruitment,
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly Bl
Members: Mr A. O'Mara
Mr F. Keoghan
heard this appeal at Dublin on 21st March 2014
Appellant: In person
Respondent: James H Murphy & Son, Solicitors, 17 Francis Street, Dundalk, Co Louth
Ms Geraldine Doherty, Temple Recruitment, Crescent Building, Northwood,
Santry, Dublin 9
The respondent in this case is a recruitment agency.
The claimant was informed by letter dated the 12th October 2011 “It is with regret that due to the downturn in operations during the winter schedule, your current assignment working at Dublin Airport will cease on the 31st October 2011”.
The claimant was advised that the agency would contact her, with offers of alternative employment opportunities. The respondent told the Tribunal that the claimant informed them that she was applying for a job directly with RA and no longer required the assistance of the agency. The claimant did apply for a position with RA in late October 2011. She was successful with her interview and commenced her position as an office clerk on 14th October 2011.
The Tribunal find that the factual situation put forward by the claimant corroborates the respondent’s position. Furthermore, there was no evidence adduced that a redundancy situation existed within the respondent company. Accordingly, the Tribunal dismisses the appeal under the Redundancy Payments Acts, 1967 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal